All Knowledge & Insights By Date

On March 5, 2025, Environment and Climate Change Canada (ECCC) announced the availability of its final State of Per- and Polyfluoroalkyl Substances (PFAS) Report (State of PFAS Report) and proposed risk management approach for PFAS, excluding fluoropolymers. The State of PFAS Report concludes that the class of PFAS, excluding fluoropolymers, is harmful to human health and the environment. To address these risks, on March 8, 2025, Canada published a proposed order that would add the...

On October 5, 2024, Canada released three significant documents that move it closer to implementing the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA). The 2023 legislation, Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), requires that decisions made under CEPA respect the right to a healthy environment. Canada has released a draft implementation framework setting out how the Minister of the Environment and the Minister of Health (the...

Canada recently joined a growing list of countries requiring the reporting of certain information on the manufacture, import and use of specific per- and polyfluoroalkyl substances (PFAS). On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on 312 listed PFAS. Canada’s “Guidance manual for responding to the: Notice with respect to certain per- and polyfluoroalkyl substances (PFAS)” states that...

Download transcript. This week I had the pleasure of speaking with W. Scott Thurlow with Thurlow Law & Public Affairs, headquartered Ottawa, Ontario, about Canada’s most recent updated draft report on the state of per- and polyfluoroalkyl substances (PFAS). The updated draft report defines PFAS to exclude fluoropolymers, an issue in which Scott and his firm are deeply engaged. We discuss the draft report, Canada’s approach to the regulation of PFAS, and Scott’s practice as...

On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on the manufacture, import, and use of 312 specific per- and polyfluoroalkyl substances (PFAS). Canada’s “Guidance manual for responding to the: Notice with respect to certain per- and polyfluoroalkyl substances (PFAS)” (Guidance Manual) states that the purpose of the notice is to collect information on certain PFAS substances, either alone, in...

The July 13, 2024, Canada Gazette will include a notice announcing the availability of the Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Updated Draft Report) and Revised Risk Management Scope for Per- and Polyfluoroalkyl Substances (PFAS) (Revised Risk Management Scope). The Updated Draft Report defines PFAS as “fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any [hydrogen, chlorine, bromine, or iodine...

As reported in our June 23, 2023, memorandum, on June 13, 2023, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, became law. The bill made a number of changes to the Canadian Environmental Protection Act, 1999 (CEPA), including recognizing that every individual in Canada has a right to a healthy environment as provided under CEPA. Environment and Climate Change Canada (ECCC) and Health Canada (HC) will hold information sessions in October 2023 for...

POSTED IN INTERNATIONAL, LEGAL/REGULATORY ISSUES, OECD The Organization for Cooperation and Development (OECD) has published the latest edition of the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials — Tour de Table. The Tour de Table compiles information provided by delegations on the occasion of the 22nd meeting of the OECD Working Party on Manufactured Nanomaterials (WPMN) in June 2022. Below are highlights on...

According to a May 6, 2023, Canada Gazette notice, the Minister of the Environment, pursuant to the Canadian Environmental Protection Act, 1999 (CEPA), intends to unmask the identities of 132 substances currently on Part 3 of the Domestic Substances List (DSL) in accordance with the Approach to disclose confidential information and promote transparency in chemicals. The annexed proposed Order includes the masked names and confidential accession numbers of the substances proposed for...

By Lynn L. Bergeson and Carla N. Hutton   On August 25, 2022, Natural Resources Canada (NRC) announced a call for project proposals to support the establishment of biomass supply chains to ensure that a steady and usable supply of sustainable feedstock is available to clean fuel production facilities across Canada. According to NRC, as a component of the Clean Fuels Fund, this dedicated biomass call includes three project streams that are expected to enable...

On June 17, 2022, Canada published its draft Framework for the Risk Assessment of Manufactured Nanomaterials under the Canadian Environmental Protection Act, 1999 (CEPA) for a 60-day public comment period. The plain language summary states that the framework describes how scientists at Environment and Climate Change Canada (ECCC) and Health Canada (HC) conduct risk assessments on nanomaterials. The draft risk assessment framework outlines approaches and considerations for...

On December 17, 2021, Canada published the Chemicals Management Plan implementation table for 2021-2024. Under the Canadian Environmental Protection Act, 1999 (CEPA), Canada plans to take the following actions regarding nanomaterials on the Domestic Substances List (DSL): prioritization of substances in commerce according to responses to the CEPA Section 71 Survey and screening assessment of high-priority nanomaterials on the DSL. The deliverables include: The rationale for action...

On June 7, 2021, Health Canada’s Pest Management Regulatory Agency (PMRA) announced the issuance of its Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices under the Pest Control Products Act (Interim Order), setting forth new requirements for certain devices claiming to control, destroy, make inactive, or reduce the level of bacteria, viruses, and other micro-organisms that are human pathogens. PMRA also issued an “Explanatory...

By Lynn L. Bergeson Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or...

By Lynn L. Bergeson Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or...

Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers).  The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or masked name...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On December 19, 2020, the Government of Canada’s Department of the Environment published a proposed rule titled Clean Fuel Regulations. The proposed rule addresses Canada’s concerns in achieving its net-zero emissions by 2050 under the Paris Agreement. In an effort to reduce the largest sources of greenhouse gases (GHG), the Clean Fuel Regulations would require liquid fossil fuel primary suppliers to reduce the carbon...

By Lynn L. Bergeson On October 2, 2019, the government of Quebec, Canada, published in its Official Gazette a notice of a draft regulation setting standards for the integration of renewable fuels into gasoline and diesel fuel.  Under the draft regulation, the standards will apply on July 1, 2021, and will then increase. As of July 1, 2025, the integration of a minimum volume of ethanol of 15 percent into gasoline and a minimum volume...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On October 2, 2019, the Green Party of Canada commented, via a press release, on its Green Climate Action Plan called “Mission:  Possible.” Aiming to exceed the U.S. Green New Deal, under this plan, the Green Party outlines a 20-step action plan to achieve the goal of zero emissions by 2050.  Part of the strategy outlined emphasizes the idea that heavy-duty industrial machinery will need to...

By Lynn L. Bergeson On June 27, 2019, the Government of Canada’s Natural Resources Canada (NRCan) opened the application process for a grant to develop next generation biobased foam insulation products. Called the Plastics Challenge, this funding opportunity seeks solutions that result in foam insulation products (either spray foam or rigid foam board) that: Are predominantly derived from Canadian forest residue;   Have similar insulation values (within 20 percent) as currently...

On June 14, 2019, Canada’s Pest Management Regulatory Agency (PMRA) began a public consultation on Discussion Document DIS2019-01, “Consultation on Inspecting Confidential Test Data for Post-market Reviews in the Reading Room.”  Before a pesticide can be registered for use in Canada, PMRA states that it reviews the available scientific test data to determine whether there are concerns for human health or safety, or the environment, when the product is used according to the...

On May 31, 2019, Health Canada’s Pest Management Regulatory Agency (PMRA) issued its Proposed Re-evaluation Decision PRVD2019-05, Chlorpyrifos and Its Associated End-use Products: Updated Environmental Risk Assessment (Updated Environmental Risk Assessment).  PMRA states that this re-evaluation “considers data and information from pesticide manufacturers, published scientific reports, and other regulatory agencies” and that “Health Canada applies internationally accepted...

By Lynn L. Bergeson In April 2019, Navius Research Inc. (Navius Research) published a report titled “Biofuels in Canada 2019: Tracking biofuel consumption, feedstocks and avoided greenhouse gas emissions.” Using public data, the report analyzes the volume of transportation biofuels consumed in each Canadian province and estimates the impact of this consumption on greenhouse gas (GHG) emissions and transportation energy costs. An increase in both ethanol and renewable fuel consumption...

By Lynn L. Bergeson On December 5, 2018, the Government of British Columbia, Canada, released CleanBC, a climate plan outlining the province’s path to a cleaner, more sustainable future. The plan includes implementation activities on how to make energy use more efficiently and prevent waste through cleaner technologies. Highlighting increases in funds for renovations and energy retrofits, the plan also states that by 2032, every new building constructed in the province will be...

By Lynn L. Bergeson On October 31, 2018, the Canadian National Energy Board released its 2018 report on energy supply and demand projections to 2040: “Canada’s Energy Future 2018: An Energy Market Assessment.” Based on a set of assumptions about technology, energy, climate, human behaviors, and the structure of the economy, the assessment identifies five key findings as follows: Canada’s energy demand growth is slowing, while the sources to meet these demands are becoming...

The Organization for Economic Cooperation and Development (OECD) published a May 17, 2018, document entitled Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour de Table.  The document compiles information provided by delegations for the February 2018 OECD Working Party on Manufactured Nanomaterials (WPMN) meeting on current developments on the safety of manufactured nanomaterials.  It aims to summarize relevant information on activities related to...

The U.S. Environmental Protection Agency (EPA), Environment and Climate Change Canada (ECCC), and Health Canada (HC) have released an educational primer on U.S. and Canadian regulations regarding chemical substances.  EPA states that the purpose of the primer is to compile easy-to-use information for stakeholders potentially regulated under similar U.S. and Canadian regulations — Significant New Use Rules (SNUR) in the U.S. and Significant New Activity (SNAc) provisions in Canada.  EPA,...

Environment and Climate Change Canada, “Minister McKenna Releases Framework To Make Canada’s Fuels Cleaner” Goodshipping Program, “DHL And The Goodshipping Program Reduce Ocean Freight’s Carbon Footprint” Co. Design, “The Creators Of This Algae Plastic Want To Start A Maker Revolution” Advanced Science News, “UV Responsive Bio-based Polymer from Broccoli Seed Oil” Popular Science, “Greek Yogurt Creates A Ton Of Wheyst—But...

By Lauren M. Graham, Ph.D. Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy included, for the first time, renewable fuel volume requirements for fuels such as ethanol and biodiesel.  The renewable fuel blending requirement was set at 5% for gasoline and 2% diesel and is expected to increase after 2020. ...

On February 4, 2017, the Canadian Department of the Environment and the Department of Health published in the Canada Gazette the draft screening assessment of the commercially relevant fungus, Trichoderma reesei, stating that the organism is nontoxic and does not require regulatory action under Section 77 of the Canadian Environmental Protection Act (CEPA). Following a screening assessment, Trichoderma reesei , which is used to convert biomass to biofuels and sugars and to produce food and...

On October 4, 2016, Canada’s Ecofiscal Commission (EFC) published a report,  Course Correction: It’s Time to Rethink Canadian Biofuel Policies, arguing for the termination of biofuel subsidies.  The report claims that Canadian biofuel policies have reduced greenhouse gas (GHG) emissions an average of three million tonnes annually, accounting for less than 0.5 percent of Canada’s total GHG emissions.  Annual costs of the biofuel policies were estimated to be C$640...

On July 25, 2016, the the Honorable Navdeep Bains, Minister of Innovation, Science, and Economic Development and the Minister responsible for the Federal Economic Development Agency for Southern Ontario announced a $12 million investment in Bioindustrial Innovation Canada. The Centre for the Commercialization of Sustainable Chemistry Innovations will be supported through the funding, and will help businesses quickly bring biobased products from final testing stages to the commercial market. This...

On January 22, 2016, Ontario released for consultation a draft Health Action Plan (Plan) to reduce losses of honeybees and other pollinators caused by several “stressors” stated in the Plan to include: (1) reduced habitat and poor nutrition; (2) diseases, pests, and genetics; (3) exposure to pesticides; and (4) extreme weather and climate change.  This action plan is part of a broader strategy to protect pollinators, with Ontario’s aim, in part, to reach an 80 percent...

The Canadian province of Ontario has issued its final regulations under the Ontario Pesticides Act aimed at reducing the area planted with maize and soybean seed treated with neonicotinoid insecticides.  These changes have been made as part of its broader strategy to protect pollinators, and aim to reach an 80 percent reduction in the number of hectares planted with neonicotinoid-treated corn and soybean seed by 2017.  The new rules create a new class of pesticides, known as...

On May 28, 2015, several United States and Canadian regulatory agencies announced the release of Regulatory Partnership Statements (RPS) and updated annual Work Plans outlining the framework for how these agencies will cooperate and coordinate specified agency actions.  The RPS and Work Plans are the most recent steps since the United States and Canada established the Regulatory Cooperation Council (RCC) in 2011 to align regulatory systems and boost North American trade and...

The Industrial Biotechnology Innovation Centre (IBioIC) is inviting applications for its third Exemplar Program project competition for industry-led collaborative research projects using innovative applications in biotechnology. IBioIC is requesting applications from projects with a total value of up to £250,000 that demonstrate a defined market need and commercial opportunity. Deadline for applications is March 26, 2015.  ...

On February, 19, 2014, it was announced that BioAmber Sarnia, Inc. (BioAmber Sarnia) has received a $10 million loan from the Government of Canada to help the company build the largest commercial plant that will produce biobased succinic acid. Funding is being provided under the Canadian Government's AgriInnovation Program, which is an initiative designed to accelerate the pace of innovation by supporting research and development activities in agri-innovations. The BioAmber Sarnia project is...

Environment Canada (EC) and Health Canada (HC) have released a document entitled Proposed Regulatory Framework for Nanomaterials Under the Canadian Environmental Protection Act, 1999 (Proposed Framework). EC/HC will hold a public workshop for stakeholders regarding the Proposed Framework on September 27, 2007, in Toronto. At the workshop, EC/HC will gather comments from participating stakeholders through discussion groups and plenary sessions. EC/HC will invite all...